United States District Court, D. Nevada
ORDER GRANTING ENLARGMENT OF TIME TO SERVE AND
SERVICE BY PUBLICATION (ECF NO. 35)
FERENBACH UNITED STATES MAGISTRATE JUDGE
the court is JPMorgan Chase Bank, N.A.'s Motion to Extend
Time for Service and Permit Service by Publication and/or by
Email (ECF No. 35).
asks this court to permit service of the Summons and
Complaint against Defendant Rodrigo Coloma by publication
and/or by email. Id. JPMorgan also seeks to extend
the time in which to effectuate service under Federal Rule of
Civil Procedure 4(m). Id. No opposition has been
to Fed.R.Civ.P. 4(e)(1), “an individual - other than a
minor, an incompetent person, or a person whose waiver had
been filed - may be served in a judicial district of the
United States by following state law for serving a summons in
an action brought in courts of general jurisdiction in the
state where the district court is located or where service is
made.” Under Rule 4(e)(1) of the Nevada Rules of Civil
Procedure, “when the person on whom service is to be
made resides out of the state, or has departed from the
state, or cannot, after due diligence, be found within the
state, or by concealment seeks to avoid the service of
summons, and the fact shall appear, by affidavit, to the
satisfaction of the court or judge thereof, and it shall
appear, either by affidavit or by a verified complaint on
file, that a cause of action exists against the defendant in
respect to whom the service is to be made, and that the
defendant is a necessary or proper party to the action, such
court or judge may grant an order that the service be made by
the publication of summons.”
asserts that the after diligent effort, it is unable to serve
Coloma within the states of Nevada and California. (ECF No.
35-1 at 3). In support of this assertion, JPMorgan provided
the court with several affidavits of attempted services (ECF
Nos. 35-2, 35-3, and 35-4). The last known addresses for
Coloma are 29415 Indian Valley Road, Rancho Palos Verdes,
California 90275, 36 Valmonte Plaza, Palos Verdes Estates,
California 90274, and 921 Noah Valley Street, Henderson,
Nevada 89052. Id. Service at these addresses were
court finds that pursuant to Fed.R.Civ.P. 4(e)(1) and Nev. R.
Civ. P. 4(e)(1), permitting service by publication of the
Summons and Complaint on Coloma is warranted. Pursuant to
Rule 4(e)(1)(iii), the publication must be made in a
newspaper, published in the State of Nevada, for a period of
4 weeks, and at least once a week during said time. Nev. R.
Civ. P. 4(e)(1)(iii).
Civ. P. 4(m) requires a defendant to be served within 90 days
after the complaint is filed. If “the plaintiff shows
good cause for the failure [to serve a defendant within that
time-frame], the court must extend the time for service for
an appropriate period.” Fed.R.Civ.P. 4(m).
must effectuate service on Coloma by December 21, 2016.
Fed.R.Civ.P. 4(m). JPMorgan asserts that an additional 90
days is required to effect service by publication, and asks
this court to extend the 4(m) deadline. Id.
that JPMorgan has demonstrated “good cause” for
its failure to effectuate service and has provided support
for its request for an extension, the court will extend the
4(m) deadline until April 7, 2017. See Fed. R. Civ.
and for good cause shown, IT IS HEREBY ORDERED that JPMorgan
Chase Bank, N.A.'s Motion to Extend Time for Service and
Permit Service by Publication and/or by Email (ECF No. 35)
FURTHER ORDERED that JPMorgan is permitted to serve Rodrigo
J. Coloma by publication. A copy of the Summons and Complaint
must be mailed to Coloma at his last known address(es) by
certified U.S. Mail, return receipt requested.
FURTHER ORDERED that, pursuant to Fed.R.Civ.P. 4(e)(1) and
Nev. R. Civ. P. 4(e)(1)(i) and (iii), the Summons in this
action must be served by publication in a newspaper,
published in the states of Nevada and California, for a